Info for MO Air Compliance Seminar Nov. 2023

These are documents for the Missouri Air Seminar, November 8, 2023


Download your certificate of attendance here

The agenda is here.

The participants list is here.

Attorneys:  MoBar has approved this seminar for 7.5 hours of CLE.



Presentation Slides

9:30 a.m. Air Pollution Control Program Update STEPHEN HALL, APCP Director MARK LEATH, MDNR, Chief, Planning Section JOSH VANDER VEEN, Chief, Air Quality Analysis Section, APCP

10:30 a.m.           Missouri’s Toxics Program – Understanding Risk Levels – A Necessary Evil in Today’s Evolving World of Health Based Risk Assessments JOSH GARLOCK, Trinity Consultants

11:10 a.m.           US EPA Region 7 Update ANDY HAWKINS, EPA Region 7

12:40 p.m.           Air Pollution Control Program Update (continued) KENDALL HALE, Chief, Permit Section, APCP  RICHARD SWARTZ, Chief, Compliance & Enforcement Section, APCP

2:10 p.m. Recent Changes to RMP and PSM — What You Need to Know PAUL JACOBSON, Spencer Fane LLP

2:45 p.m.   The Emergence of Air Toxics as a Key Enforcement/Compliance Issue JOSH VANDER VEEN, Chief, Air Quality Analysis Section, APCPMDNR PHILIP MASINI, Trinity Consultants ANDREW BROUGHT, Spencer Fane

3:30 p.m. New Issues and Old Challenges for Handling Environmental Inspections   KRISTEN ELLIS JOHNSON, Stinson



Speaker Bios


Andrew Brought, Spencer Fane
Andrew Brought counsels manufacturers, industrial clients, and businesses with complex environmental and workplace safety / OSHA matters. He currently serves on the firm’s Executive Committee and has held other leadership positions at the firm including co-chair of the Environment and Energy practice group. Andrew has extensive experience helping companies with workplace safety incidents and industrial accidents that involve the intersection of health, safety, and environmental regulations and government agencies including OSHA, the EPA, the U.S. Chemical Safety and Hazard Board, and the Justice Department. From complex workplace fatalities and injuries to more routine compliance inspections, Andrew is frequently called upon by a variety of industrial sectors to assist in handling crisis management situations, strategic response, and incident investigations. He has a particular focus on chemical accident prevention programs, including EPA’s Risk Management Plan (RMP) program and OSHA’s Process Safety Management (PSM) program and cases involving chemical releases. In connection with his white collar criminal and civil practice, Andrew helps his clients manage and reduce liability through his substantial experience in enforcement matters associated with the Clean Air Act, the Clean Water Act, RCRA, EPCRA, OSHA, and related environmental laws. He also assists his clients by conducting compliance audits and internal investigations as appropriate. And in those situations where win-win outcomes are not achievable, he helps his clients litigate and resolve environmental disputes.

Josh Garlock, Trinity Consultants

Richard Groeneman, Missouri AGO

Kendall Hale, MDNR

Stephen Hall, MDNR
Steve Hall became director of the Air Pollution Control Program on Aug. 25, 2021. He oversees approximately 90 full-time team members whose duties range from permit writing and rulemaking to evaluating emissions and helping stakeholders comply with their permits.

Stephen has worked for the department for 22 years and for the Air Program for the last 12 years. Most recently, he served as the chief of the program’s Air Quality Analysis Section. Before working for the State of Missouri, Stephen taught high school Algebra I and Physics. Stephen holds a Master’s of Business Administration from Franklin Pierce College, Rindge NH, with undergraduate double majors in Physics and Mathematics from Gordon College, Wenham, MA.

Michael Hutcheson, Ameren
With a Bachelor degree in Nuclear Engineering from the University of Illinois, Michael Hutcheson has spent the last 33 years working on solutions to environmental issues including contaminated site characterization and remediation, emission inventories, modeling, permitting, environmental compliance and regulatory advocacy. Mr. Hutcheson, as Manager, Environmental Services, leads a group of engineers and scientists who are responsible for air quality compliance, monitoring, recordkeeping and reporting for all Ameren Missouri facilities. Mr. Hutcheson also has responsibility for regulatory advocacy activities and maintains leadership positions in multiple industrial environmental advocacy and research organizations. Mr. Hutcheson has a passion for the research on the causes and contributors to air quality problems and for seeking out cost effective solutions.

Paul Jacobson, Spencer Fane
Paul helps businesses manage their environmental and workplace safety legal challenges.  In the environmental context, Paul helps companies comply with federal and state requirements for all environmental media, navigates site remediation challenges, defends against agency enforcement efforts, and works on a variety of environmental and toxic tort litigation. Paul helps companies with immediate and long-term responses to environmental disasters.  Paul also helps clients with California Proposition 65 product labeling requirements.
In the workplace safety context, Paul assists clients with all stages of OSHA inspections and enforcement, and has experience defending inspections involving a wide range of OSHA standards, including Process Safety Management, Permissible Exposure Limits, robotics safety, and more.

Kristen Johnson, Stinson
Kristen’s experience navigating complex environmental and transportation regulations allow her to quickly get answers companies need to manage risks and develop comprehensive strategies to achieve their goals.

Kristen has substantial experience advising clients on environmental regulatory requirements and permit compliance under federal, state, and local laws. Her practice is a balance of regulatory, transactional, and litigation work dealing with solid and hazardous waste laws, Superfund/CERCLA, the Clean Water Act, and the Clean Air Act. She also has experience serving the rail and transit industries, which are highly regulated and often have issues requiring unique analyses. She has worked through regulations in rail and over-the-road transportation, ranging from shipping hazardous waste, to air emissions from mobile sources, to import inspection regulations administered by the U.S. Customs and Border Protection (CBP). Her familiarity with regulatory framework across the environmental and transportation sectors allow her to efficiently navigate complex issues.

She also represents clients across sectors and provides counseling on day-to-day activities to ensure compliance with environmental requirements. She frequently advises clients on spill and release reporting issues, air and water permitting compliance, Spill Prevention Countermeasure & Control (SPCC) plan compliance, and voluntary self-disclosure of discovered non-compliance under EPA’s audit policy.

Mark Leath, MDNR
Mark is the Air Quality Planning Section Chief with the Missouri Department of Natural Resources’ Air Pollution Control Program. He is licensed as a professional engineer in the State of Missouri and he holds a Bachelor of Science degree in Civil Engineering from the University of Missouri Columbia. He has been with the Department for nearly 16 years, all of which have been with the Air Quality Planning Section. In those 16 years, he has authored, contributed, or overseen the development of Missouri State Implementation Plans (SIPs) for every type of criteria air pollutant, numerous Missouri air regulations, amendments, and rescissions, and has served as a technical project manager or contributor for several EPA grants administered by the Air Program.

Philip Masini,Trinity Consultants
Philip is a consultant in Trinity’s St. Louis office that has provided a variety of consulting services since 2018. He graduated from Washington University in St. Louis with a degree in chemical engineering. Philip has expertise in preparing reports including annual emissions reports, greenhouse gas (GHG) reports, Toxic Release Inventories (TRI), compliance reports, Tier II inventories, hazardous waste reports, and others. He has led a variety of air quality permitting projects including state-level construction and operating permits, Title V renewal applications, and draft permit review and negotiation. He has assisted facilities developing compliance solutions including development and maintenance of environmental management information systems (EMIS), recurring on-site audits, and various tank calculation tools. Philip has led projects in a variety of industries including the petroleum refining sector, power generation, petroleum storage, chemical manufacturing, telecommunications, and general manufacturing.

Kevin Perry, REGFORM
Kevin is Assistant Director at REGFORM, a Missouri association focused entirely on State and Federal environmental regulations & policies. He is a registered lobbyist & holds a BS degree in biology. He has over 25 years of experience, including work as a biologist at US EPA Office of Water. He sings in the choir at church.

Segolene Renaze, MDNR
Ségolène joined the Missouri Department of Natural in 2022 as the Air Pollution Control Program’s legal counsel. Prior to joining the department, Ségolène worked as an attorney in family law and as legal counsel for an international software company. Ségolène received her master’s degree in environment and law from the University of Rennes, France, after which she received my law degree from Washington University in St. Louis School of Law. During her time at Washington University, Ségolène was involved with the Interdisciplinary Environmental Clinic as well as other environmental organizations in the St. Louis area.

DeAndre Singletary, EPA Region 7

Joseph Stolle, Ramboll
Throughout his career, Joe Stolle has been active in air pre-construction permitting, State Implementation Plan (SIP) coordination, steady and non-steady state dispersion modeling, and emission inventory development. He has worked on numerous minor and major source pre-construction permits, air dispersion modeling studies, and has developed emission inventories for essentially all air pollutants of interest. Additionally, Joe represented industry on several lead SIP revisions including three revisions to the lead SIP in Herculaneum, Missouri and a revision to the lead SIP for the Viburnum trend in Southeast Missouri.

Sarah Struby, Stinson
Sarah focuses her practice on representing clients in administrative negotiations with the Environmental Protection Agency and state governmental agencies, advising clients regarding their regulatory requirements, and litigating environmental claims, including cost recovery and contribution claims under the federal Superfund law.

Recent highlights include obtaining summary judgment on CERCLA liability on behalf of a performing party group and representing a client in a successful allocation in support of the performance of a $50+ million Superfund cleanup, including negotiation of cash-out settlements and performing party agreements. Sarah has served as chairperson of several potentially responsible party groups on environmental matters on the East Coast.

Sarah also advises clients on compliance and permitting under federal and state environmental laws and regulations.

Richard Swartz, MDNR
Hi, I’m Richard Swartz, Compliance & Enforcement section chief in the Air Pollution Control Program with the Missouri Department of Natural Resources. I’ve been in this position for 6 years. I’ve been with the Department 22 years. Prior to that I worked in private consulting mainly dealing with site characterization work prior to implementation of remediation strategies. In my free time my wife and I enjoy spending time on our hobby farm taking care of various livestock including sheep, chickens, and bees.

Josh Vander Veen, MDNR
I was born in Grand Rapids, Michigan and spent my early years in life being fascinated by the weather (particularly winter weather). I further pursued my interest by attending and graduating from the University of Missouri-Columbia with a Bachelor of Science degree in Soil and Atmospheric Science in 2006. I started working for the Missouri Department of Natural Resources with the Air Pollution Program in 2008 as a permit modeler. Since that initial role, I worked in the Department maintaining ambient air monitoring equipment and the associated data, auditing stack tests, managing state vapor recovery requirements in Kansas City and St. Louis, and working in the Gateway Vehicle Inspection Program. I am currently the Air Quality Analysis Section Chief with the Department’s Air Pollution Control Program. The Air Quality Analysis team is responsible for managing the Program’s files, small business assistance, emissions inventories, and the ambient air monitoring network. In my free time I enjoy being with family, being outside, watching pretty much any movie, and watching the weather.

Roger Walker, REGFORM
Roger has a private legal practice focusing on permitting, compliance, and enforcement, but spends most of his time managing REGFORM, a business association in MO that works on numerous regulatory matters. He has a JD from UMKC and LLM from Lewis & Clark School of Law.